Wisconsin Statutes
Wis. Stat. § 802.01 (2026)
Pleadings allowed; form of motions
✓ current as of July 2026
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802.01(1)(1) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross claim, if the answer contains a cross claim; a 3rd-party complaint, if a person who was not an original party is summoned under s. 803.05, and a 3rd-party answer, if a 3rd-party complaint is served. No other pleading shall be allowed, except that the court may order a further pleading to a reply or to any answer.
802.01(2)(a)(a) How made. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. Unless specifically authorized by statute, orders to show cause shall not be used.
802.01(2)(b)(b) Supporting papers. Copies of all records and papers upon which a motion is founded, except those which have been previously filed or served in the same action or proceeding, shall be served with the notice of motion and shall be plainly referred to therein. Papers already filed or served shall be referred to as papers theretofore filed or served in the action. The moving party may be allowed to present upon the hearing, records, affidavits or other papers, but only upon condition that opposing counsel be given reasonable time in which to meet such additional proofs should request therefor be made.
802.01(2)(c)(c) Recitals in orders. All orders, unless they otherwise provide, shall be deemed to be based on the records and papers used on the motion and the proceedings theretofore had and shall recite the nature of the motion, the appearances, the dates on which the motion was heard and decided, and the order signed. No other formal recitals are necessary.
802.01(2)(d)(d) Formal requirements. The rules applicable to captions, signing and other matters of form of pleadings apply to all motions and other papers in an action, except that affidavits in support of a motion need not be separately captioned if served and filed with the motion. The name of the party seeking the order or relief and a brief description of the type of order or relief sought shall be included in the caption of every written motion.
802.01(2)(e)(e) When deemed made. In computing any period of time prescribed or allowed by the statutes governing procedure in civil actions and special proceedings, a motion which requires notice under s. 801.15 (4) shall be deemed made when it is served with its notice of motion.
802.01 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 614 (1975); Sup. Ct. Order, 104 Wis. 2d xi (1981); Sup. Ct. Order, 171 Wis. 2d xix (1992); 2005 a. 253; 2007 a. 97.
802.01 NoteJudicial Council Committee’s Note on sub. (1), 1981: See 1981 Note to s. 802.02 (4). [Re Order effective Jan. 1, 1982]
802.01 AnnotationIn the absence of an answer to a cross claim and in the absence of any other responsive pleadings, a court may deem facts alleged in the cross claim and submissions filed in connection with a summary judgment motion admitted for purposes of summary judgment. Daughtry v. MPC Systems, Inc., 2004 WI App 70, 272 Wis. 2d 260, 679 N.W.2d 808, 02-2424.
Notes of Decisions
Cited in 41
cases (7 in the last 5 years), 1978–2025 · leading case: Split Rock Hardwoods, Inc. v. Lumber Liquidators, Inc., 2002 WI 66 (Wis. 2002).
Split Rock Hardwoods, Inc. v. Lumber Liquidators, Inc., 2002 WI 66 (Wis. 2002). “The appropriate response to a motion to strike an answer on grounds that the answer was not filed within a reasonable time after service is to file the answer and then move to enlarge time under Wis. Stat. § 802.01 (2). [18] Moving to enlarge time under § 802.”
Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19 (Wis. 2017). “" See Wis. Stat. § 802.01 (1). For the sake of uniformity across our opinions, we will refer to the petitioners' initial pleading as a "complaint.”
In Re Marriage of Soquet v. Soquet, 345 N.W.2d 401 (Wis. 1984). “14(1), is not considered included in the terms "other papers" in other statutory sections, and is not required by section 802.01 (2)(d), to be formal, captioned and signed.”
VanCleve v. City of Marinette, 2003 WI 2 (Wis. 2003). “Additionally, Van-CIeve neglects to cite authority, and we have uncovered none, that supports the contention that in dismissing the cross-claim against Keller, the City waived its affirmative defense under Wis.”
State v. Jiles, 2003 WI 66 (Wis. 2003). “01 , and (3) "records, affidavits or other papers," Wis. Stat. §§ 802.01 (2)(b) (supporting papers for motions), 972.”
Maya Elaine Smith v. Jeff Anderson, 2017 WI 43 (Wis. 2017). “"34 ¶64 In applying the four-corners rule in the instant case, the court is guided by the following rules for interpreting an insurance policy: • Words and phrases in insurance contracts are subject to the same rules of construction that apply to contracts generally.”
State Ex Rel. Robinson v. Town of Bristol, 2003 WI App 97 (Wis. Ct. App. 2003). “On that same date, the court entered an order concluding that petitioners' position that there was no legal basis to award attorney fees was frivolous, and that the motion for reconsideration did not comply with Wis. Stat. § 802.01 (2)(a) because it did not state the ground for…”
Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009). “) Pleading is defined in Wis. Stat. § 802.01 : Pleadings allowed; form of motions.”
Dickie v. City of Tomah, 465 N.W.2d 262 (Wis. Ct. App. 1990). “Although sec. 802.01(1), Stats., provides "[t]here shall be a complaint and an answer; .”
All. Laundry Sys. LLC v. Stroh Die Casting Co., 2008 WI App 180 (Wis. Ct. App. 2008). “See Wis. Stat. § 802.01 (1); La Batt v. Twomey, 513 F.”
Ford v. Kenosha Cnty., 466 N.W.2d 646 (Wis. 1991). “See sec. 802.01(1), Stats. 1987-88. "No other pleadings shall be allowed, except that the court may order a further pleading to a reply or to an answer.”
DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003). “for the purpose of determining" the paternity of a deceased whose kindred's right to inherit depends on that determination.”
— Wis. Stat. § 802.01(1) — 7 cases
Dickie v. City of Tomah, 465 N.W.2d 262 (Wis. Ct. App. 1990). “Although sec. 802.01(1), Stats., provides "[t]here shall be a complaint and an answer; .”
Ford v. Kenosha Cnty., 466 N.W.2d 646 (Wis. 1991). “See sec. 802.01(1), Stats. 1987-88. "No other pleadings shall be allowed, except that the court may order a further pleading to a reply or to an answer.”
Halverson v. Tydrich, 456 N.W.2d 852 (Wis. Ct. App. 1990).
Bell v. Employers Mut. Cas. Co., 541 N.W.2d 824 (Wis. Ct. App. 1995).
Matter of Plunkett, 191 B.R. 768 (Bankr. E.D. Wis. 1995).
— Wis. Stat. § 802.01(1)(a) — 1 case
Maya Elaine Smith v. Jeff Anderson, 2017 WI 43 (Wis. 2017). “"34 ¶64 In applying the four-corners rule in the instant case, the court is guided by the following rules for interpreting an insurance policy: • Words and phrases in insurance contracts are subject to the same rules of construction that apply to contracts generally.”
— Wis. Stat. § 802.01(2) — 6 cases
Split Rock Hardwoods, Inc. v. Lumber Liquidators, Inc., 2002 WI 66 (Wis. 2002). “The appropriate response to a motion to strike an answer on grounds that the answer was not filed within a reasonable time after service is to file the answer and then move to enlarge time under Wis. Stat. § 802.01 (2). [18] Moving to enlarge time under § 802.”
In Re Marriage of Soquet v. Soquet, 345 N.W.2d 401 (Wis. 1984). “14(1), is not considered included in the terms "other papers" in other statutory sections, and is not required by section 802.01 (2)(d), to be formal, captioned and signed.”
Gittel v. Abram, 2002 WI App 113 (Wis. Ct. App. 2002).
State v. O'connell, 508 N.W.2d 23 (Wis. Ct. App. 1993).
Strong v. Brushafer, 519 N.W.2d 668 (Wis. Ct. App. 1994).
— Wis. Stat. § 802.01(2)(a) — 4 cases
State Ex Rel. Robinson v. Town of Bristol, 2003 WI App 97 (Wis. Ct. App. 2003). “On that same date, the court entered an order concluding that petitioners' position that there was no legal basis to award attorney fees was frivolous, and that the motion for reconsideration did not comply with Wis. Stat. § 802.01 (2)(a) because it did not state the ground for…”
In Interest of BS, 469 N.W.2d 860 (Wis. Ct. App. 1991).
Julie C. Valadez v. Michael J. Aprahamian (Wis. Ct. App. 2022).
Meyer v. Teasdale, 2009 WI App 152 (Wis. Ct. App. 2009).
— Wis. Stat. § 802.01(2)(b) — 1 case
Christine T. Delfeld v. Steven D. Delfeld (Wis. Ct. App. 2023).
— Wis. Stat. § 802.01(2)(d) — 1 case
In Re Marriage of Soquet v. Soquet, 345 N.W.2d 401 (Wis. 1984). “14(1), is not considered included in the terms "other papers" in other statutory sections, and is not required by section 802.01 (2)(d), to be formal, captioned and signed.”
— Wis. Stat. § 802.01(2)(e) — 1 case
Madison Gas & Elec. Co. v. Rice Investors, LLC (Wis. Ct. App. 2025).
— Wis. Stat. § 802.01(3) — 1 case
Vill. of McFarland v. Town of Dunn, 263 N.W.2d 167 (Wis. 1978).
— Wis. Stat. § 802.01(7) — 1 case
Knowlin v. Tegels (E.D. Wis. 2020).
— Wis. Stat. § 802.01(l)(a) — 1 case
Maya Elaine Smith v. Jeff Anderson, 2017 WI 43 (Wis. 2017). “"34 ¶64 In applying the four-corners rule in the instant case, the court is guided by the following rules for interpreting an insurance policy: • Words and phrases in insurance contracts are subject to the same rules of construction that apply to contracts generally.”
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